Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1887-08-13
MEXICO.
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Peculiar Probate Law Tor Alssns.

Peculiar Probate Law Ter AIiens.
CHIHUAHUA, MEL, VA H PAso, Tx,
August 3.-Information has Just been 10
ceived of am interesting decision rendered
by the federal supreme court representing
the rights of consuls in the matter Of admin
istering upon the estates of deceased foreign
ers About year ago Swiss jewaler by
the name of Domingo Steiner was murdered
in this city, and his jewelry establishment
completely relieved Of al its valuables.
There were tour mem implicated in
the murder, three Of whom are now serv-
ing out sixteen year sentences in the state
prison, the fourth having been shot in at
tempting to make his escape. Most of the
stolen property was recovered, but Steiner
having left no relatives in the country, the
question arose who was to take possession
of his effects. There being no Swiss consul
in Chihuahua, it was finally determined that
the German consul might act In the prem
ises; so he took formal possession of the jew
elry store, affixing his official seal to the door
thereof. Litigation then arose concerning
matters, and Judge Rodriguez, before whom
the questions were pending, concluded that
the German consul had no legal right to OIL
ciatc, ordered the consular seal to be de-
etroyed, and directed that the seal Of his
court be substituted in lieu thereof. There
upon the German consul entered complaint
against Judge Rodriguez in tho federal cir
cult court, and the judge was found
guilty of misdemeanor and suspended
from Office for the term of one year.
From the decision Judge Rodriguez ap-
pealed to the federal supreme tribunal. Dur
ing the tendency of the appeal it was ascer
tanned that Steiner was in reality an Ameri-
o;k he howl tai hio p,ofnroli1o
ton papers in 1881 at the city of Galveston,
Tex, and taken an oath to support the con-
stitution of the United States, showing that
he had thrown off allegiance to his native
country, Switzerland. Certified copies of
these papers were secured by Judge Rodrig-
uez, who filed them in thecase and succeeded
in obtaining reversal of the decision, the
concurring, that no consul in Mexico has the
right to administer upon deceased foreign
ers' estates unless the deceased be a subject
of the nation represented by the consul; that
it having been proven in the lower court that
Steiner was native of Switzerland, and no
evidence having been introduced to show
that he had taken out naturalization papers
and there being no Swiss consul in
the locality, the court presided over
by Judge Rodriguez did not commit
any ofense in ordering the German
consul's seal to be obliterated and
in assuming control of the property. The
court furthermore ordered that Judge Rod
riguez be relnstated, and that he be paid the
salary for full time for the term during
which he had been illegally expelled from
Office.
The question which now arises is this: It
having developed that Steiner was natural
lied American citizen, would not the Amer
lean consul under this decision have the
right to demolish the seal of the court, afix
his official seal to the door and take posses
sion of what years litigation has left of
Steiner jewelry.